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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Tarlok Singh Chauhan, Rakesh Kainthla
State of H.P. – Appellant
Versus
Kartar Chand – Respondent
| Table of Content |
|---|
| 1. entitlement of library staff to ugc pay scales. (Para 4 , 5 , 6 , 8 , 12) |
| 2. discrimination against similarly situated employees. (Para 7 , 9 , 11 , 20) |
| 3. consequences of unnecessary litigation and delays. (Para 13 , 15 , 16 , 17 , 18 , 19 , 23 , 24 , 26 , 27) |
| 4. directive for compliance on execution. (Para 30 , 32) |
JUDGMENT :
Tarlok Singh Chauhan, J.
Since common questions of law and fact are involved in all these matters, therefore, they were taken up for hearing together and are being disposed of by common judgment.
LPA Nos. 311, 356 and 472/2024
2. We really wonder why the State has filed these appeals and further how the same are maintainable.
3. The parties shall be referred to as they were before the learned writ Court.
4. It is not in dispute that the petitioners superannuated from the posts of Assistant Librarian in the Department of Education (Himachal Pradesh). The petitioners were granted UGC scales. Since the petitioners had become eligible for selection grade, the pay scale of Rs.37400 - Rs.67000 +AGP Rs.9000/- was payable to them. The petitioners were granted the above mentioned pay scale vide order dated 27.06.2017, however, later on, vide order dated 19.0
State employees must pursue timely claims, or face dismissal due to delay and laches, as the judiciary will not entertain stale claims.
All persons similarly situated should be treated similarly, and the court may consider unexplained delay and inordinate laches in writ actions.
The court ruled that a previous judgment granting a pay scale increase was specific to an individual and did not create a general entitlement for similarly situated employees, emphasizing the princip....
The court established that claims for service-related pay benefits can be limited by considerations of delay and timeliness, adhering to established precedents regarding equal pay and non-discriminat....
The court reaffirmed the principle that equally situated persons should be treated equally in consonance with Articles 14 and 16 of the Constitution of India.
An application under Section 21 of the Rajasthan Non-Government Educational Institutions Act, 1989, is maintainable even if there is a delay in filing it, provided the grievance is a continuing wrong....
The central legal point established in the judgment is the entitlement of the petitioner to the pay scale of Rs. 2200-4000/- from the date of her appointment, the benefit of the Sixth Pay Commission,....
The court emphasized the principle of parity in treatment for similarly situated individuals, directing the authorities to grant benefits under government resolutions.
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